Qualification Path

Category 1: ADR Institute of Canada (ADRIC Chartered Mediator)

English

Current Position & Background

Based in the Greater Toronto area,Colm Brannigan provides mediation and arbitration services throughout Ontario on a full time basis since 1999. Colm is well known in both the ADR and legal communities as an competent pragmatic mediator with a high level of experience in a variety of dispute types.

Focused on the practical resolution of disputes from the client’s perspective, Colm is skilled in cutting through the baggage which accumulates around disputes and helping the participants reach a common sense sustainable solution to their problem. Prepared, patient and persistent, he understands that participants need results for their time and effort spent in mediation and does his best to achieve this goal.

Colm holds the designation of Chartered Mediator (C.Med.) from the ADR Institute of Canada, Inc., Colm in addition to process knowledge and skills, also has significant experience and understanding of cross-cultural dispute resolution.

While primarily practicing as a mediator, he has also sat as a sole arbitrator in condominium, commercial and technology disputes and is a Chartered Arbitrator (C.Arb.) through the ADR Institute of Canada, Inc.

Main Mediation Practice Areas

• General Commercial

• Condominium

• Real Estate

• Municipal

Mediation Experience

I have mediated over 850 cases and have extensive experience in all types of business related mediation, with an emphasis on corporate-commercial, shareholder, contract, partnership and employment disputes.

In technology and intellectual property, I have both mediated and arbitrated the resolution of disputes involving software licensing, information technology and technology development.

In the insurance field my experience has involved commercial, property damage and professional liability (primarily legal malpractice) claims.

I mediate and arbitrate condominium disputes and am the author of the forthcoming text, ADR in Canadian Condominium Disputes, to be published by Canada Law Book.

In addition to the above, I have also mediated a range of other disputes including real estate, estates, municipal and organizational conflict. I also have significant expertise in family business transition issues.

Mediation Style

No one style, but a problem solving approach to resolution ranging over a continuum of styles from facilitative to evaluative depending on the nature of the dispute and the wishes of the participants.

Code of Ethical Conduct

IMI Code of Professional Conduct

Complaints Process

IMI Professional Conduct Assessment Process

Professional Indemnity Insurance

Trisura Guarantee Insurance Company - C$2 million per claim

Feedback Digest

Reviewer: Richard Weiler ( rick@rickweiler.com )
Latest Update: 23 Aug 2010 21:33

Mediator: Colm Brannigan
Reviewer: Rick Weiler
rick@rickweiler.com
Last Update: August 23, 2010, previous (and first) digest April 7, 2009

April 2009 - This initial Feedback Digest includes 15 Feedbacks relating to 20 mediations conducted between November 2008 and April 2009.

Mr. Brannigan has consistently been rated at skill and performance level 4 or 5 by all Feedback respondents (13 counsel and 2 mediation parties). All Feedback respondents would recommend Mr Brannigan as a mediator, and all would be willing to use him again and to provide a reference to parties considering the engagement of Mr. Brannigan as a mediator in the future. Virtually all (one “neutral” response) Feedback respondents were either satisfied or very satisfied with the mediation process as conducted by Mr. Brannigan, the outcome and the costs charged by the mediator.

Strengths that were noted by Feedback respondents included his experience, preparedness and conducting the mediation process with an even hand in an effort to assist the parties in working towards a fair resolution. He is noted to be a committed, passionate yet highly pragmatic mediator.

A wide range of mediation skills have emerged from Feedbacks received in Mr. Brannigan’s case. In particular, mention was made of his ability to gauge the openness of the participants and, having assessed this, his ability to skilfully craft his questions in such a way that he can drill down to the real issues behind the mediation and then steer the discussion path towards a mediated solution. Mr. Brannigan was noted by one respondent to achieve resolutions in such a way that the participants feel comfortable with the process.

August 2010 – This second Feedback Digest reflects 10 feedbacks all submitted by lawyers that had mediated with Mr. Brannigan. Again, Mr. Brannigan has been rated at skill and ability level 4 or 5 by all respondents with the clear majority responding 5. A majority of the cases reflected in these feedbacks were settled at mediation. All respondents, save one, indicated they were satisfied or very satisfied with the mediation process and the result obtained. The one who was not satisfied noted that it was not because of anything Mr. Brannigan did or failed to do. All were satisfied or very satisfied with the cost of the mediation and all indicated they would use Mr. Brannigan as a mediator again. All would recommend Mr. Brannigan as a mediator.

One respondent noted that Mr. Brannigan always has a solid understanding of the issues before the mediation starts and works hard with both sides to come up with a reasonable solution. Another noted that Mr. Brannigan is fair and communicates well in conducting the mediation. Another referred to Mr. Brannigan as a very capable mediator, noting his expertise in the area of condominium disputes. This same respondent praised Mr. Brannigan’s efforts to ensure that the mediation proceeds as soon as possible. Finally, one respondent noted that, Mr. Brannigan was very helpful in assisting parties to overcome hostilities and focus on achieving a business like resolution to their differences to resolve potentially very expensive litigation. His continued efforts were instrumental in achieving a negotiated settlement.

No reportable negative comments have arisen in any Feedbacks to date.

Professional Affiliations

Various including:

ADR Institute of Ontario (Board Member and founding co-chair of Technology section)

ADR Institute of Canada

ADR Section - Ontario Bar Association

Section of Dispute Resolution of the American Bar Association

Fee Rate

Please contact for details.

Mediation Education and Training

LL.M. (ADR) Osgoode Hall Law School of York University

Mediating Disability Insurance Disputes Workshop, Association for Conflict Resolution

Arbitrating Employment Disputes, American Bar Association - Dispute Resolution Section

The Fourth Party: Theory and Practice of Online Dispute Resolution, University of Massachusetts Center for Information Technology and Dispute Resolution

Fundamentals of Computer Communications, Alcatel

Using ADR in Intellectual Property Disputes, ABA - Dispute Resolution Section;
Advanced Mediation Techniques – Overcoming Impasse, ABA – Dispute Resolution Section

The Heart of Mediation: Advanced Mediation Training, ADR Institute of Ontario/CDR Associates

E-Commerce Course, University of Strathclyde

Intellectual Property Course, University of Strathclyde

Advanced Mediation and Advocacy Program, ABA – Section of Dispute Resolution/OBA Dispute Resolution Section

Arbitration Certificate, ADR Institute of Ontario

ICC Arbitration Workshop, Montreal

Mediation Teaching and Mentoring

Part-time professor of law in The Business School at Humber College Institute of Technology & Advanced Learning in Toronto

Mediation Publications

Colm is a frequent and speaker in dispute resolution programs and the author of various articles on mediation and dispute resolution.

Selected Articles

With Noel Duignan, Mediation: Its Use in Municipal Conflict, (2004) 114 (5) Municipal World 29.

With Michael Erdle, Resolving IT Disputes through ADR, Part I – Mediation, (2007) 8 (3) Information Technology 6. Online at: http://www.oba.org/en/PDF_newsletter/tecjun07web.pdf

With Noel Duignan, Mediation: Its Use in Municipal Conflict, (2004) 114 (5) Municipal World 29.

With Michael Erdle, Resolving IT Disputes through ADR, Part 3 – Hybrid Processes, (2008) 9(2) Information Technology 1. Online at:
http://www.oba.org/en/pdf_newsletter/tecjunweb08.pdf

Selected Book Reviews

CODE: Collaborative Ownership and the Digital Economy edited by Rishad Aiyer Ghosh, (2006), 3 (3), SCRIPT-ed: A Journal of Law and Technology 237. Online at http://www.law.ed.ac.uk/ahrb/script-ed/vol3-3/code_review.asp

A Practical Guide to Mediation in Intellectual Property, Technology & Related Disputes by Jon Lang (2007) 16(1) Alternative Dispute Resolution 8. Online at:
http://www.oba.org/en/pdf_newsletter/adrdec07web.pdf

Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes by J. Anderson Little (2008), 16 (2) Alternative Dispute Resolution 14. Online at: http://www.oba.org/en/pdf_newsletter/adrjunweb08.pdf

Modern Intellectual Property Law - 2nd Edition by Catherine Colston & Kirsty Middleton [2008] 4 Web JCLI Published 26 September 2008.Online at: http://webjcli.ncl.ac.uk/2008/issue4/brannigan4.html

The Point of the Deal: How to Negotiate When Yes Is Not Enough by Danny Ertel and Mark Gordon, Autumn 2008 ADR Update 10. Online at: http://www.adrontario.ca/media/September2008newsletter.pdf

The Client's Guide to Mediation and Arbitration: The Strategy for Winning by Peter R. Silverman (2008) 17(1) Alternative Dispute Resolution 14. Online at:
http://www.oba.org/En/ADR/